(A) There is hereby created a Firefighters’ Pension Fund and a Board of Trustees for the Firefighters’ Pension Fund in the city, as provided by I.C. 36-8-7-1 et seq., and all acts supplemental thereto and amendatory thereof.
(B) The Common Council hereby authorizes the Board of Trustees of the Firefighters’ Pension Fund that the sum that shall be paid to permanently disabled members and to the surviving spouses, children and parents of deceased members is as follows:
(1) Upon retirement with disability during service, a member is entitled to receive in monthly installments an amount equal to 55% of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.
(2) If a member dies while in active service or after retirement:
(a) The surviving spouse is entitled to receive the following:
1. For the surviving spouse of a member who dies before January 1, 1989, 40% of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension; and
2. For the surviving spouse of a member who dies after December 31, 1988, an amount per month, during the spouse’s life, equal to the greater of 40% of the monthly pay of a first class firefighter or 55% of the monthly benefit the deceased member was receiving or was entitled to receives on the date of the member’s death; (these amounts shall be proportionately increased or decreased if the salary of a first class firefighter is increased or decreased); however, if the deceased member was not entitled to a benefit because the member had not completed 20 years of service, for the purposes of computing the second amount under this item, the member’s benefit shall be considered to be 50% of the monthly salary of a first class firefighter in the unit at the time of payment of the pension;
(b) The member’s children under 18 years of age are each entitled to receive an amount equal to 15% of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension; and
(c) Each parent of a deceased member who was eligible for a pension is entitled to receive jointly an amount equal to 30% of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.
(3) If a member dies in the line of duty after August 31, 1982, the surviving spouse is entitled to an additional monthly benefit, during the spouse’s lifetime, if the surviving spouse did not remarry before September 1, 1983, equal to the difference between the benefit to which the member would have been entitled on the date of his death, but not less than 50% of the monthly wage received by a fully paid first class firefighter and the amount received by the spouse under division (2)(a). If the spouse remarried before September 1, 1983, benefits ceased on the date of remarriage. The children of a spouse receiving benefits under this division (3) may not receive more than a total of 30% of the monthly wage received by a fully paid first class firefighter. However, this limitation does not apply to the children of a spouse receiving benefits under this division who are physically or mentally disabled. For purposes of this division, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness incurred in the member’s capacity as a firefighter while on the scene of an emergency run (including false alarms) or on the way to or from the scene.
(a) If the local board finds upon the submission of satisfactory proof that a child 18 years of age or older is mentally or physically incapacitated and is not a ward of the state, the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter, as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.
(b) A member who has been in service 20 years, upon making a written application to the Fire Chief, may be retired from all service with the department with a medical examination or disability. The local board shall authorize the payment to the retired member of 50% of the salary of a fully paid first class firefighter of the unit at the time of the payment of the pension, plus:
1. For a member who retires before January 1, 1986, 2% of that salary for each year of service over 20 years; or
2. For a member who retires after December 31, 1985, 1% of that salary for each six months of service over 20 years.
3. However, the pension in one year may not exceed an amount greater than 74% of the salary of a fully paid first class firefighter. The pension of the dependents of retired members is the same if the member dies after retirement as it is for dependents of members who die in the service or after retirement with disability.
(c) A member who is discharged from the Fire Department after having served at least 20 years is entitled to receive the amount equal to the amount that the member would have received if the member retired voluntarily. If a member dies after retirement and leaves a surviving spouse or dependent child or children, they are entitled to receive the amount provided for the dependents of members who have died in the service of the Fire Department.
(d) All pensions in a class are on an equal basis. The local board may not depart from this chapter in authorizing the payment of pensions.
(e) The monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person
(4) The Common Council authorizes the Board of Trustees of the Firefighters’ Pension Fund to pay funeral benefits to the heirs or estates of any active or retired member of the Fire Department who has suffered death from any cause, after June 30, 2008, in an amount equal to the difference between $12,000 and any lesser amount paid to such heirs or estates by the Public Employees’ Retirement Fund of the state.
(5) All benefits paid hereunder shall be subject to § 401 of the Internal Revenue Code.
(C) In each of the cases in division (B) above which provide for payment to a dependent relative of a deceased firefighter, the Board of Trustees of the Firefighters’ Pension Fund shall be the final judges of the question of necessity and dependency and of the amounts within the limits of the law to be paid in any case.
(D) The payments herein provided shall apply only with respect to the widow, each dependent child, and heirs of any active or retired member of the fire force who was hired and became a member of the Fire Department prior to May 1, 1977. The provisions of this section shall not apply to widows, dependent children, or heirs of any active or retired member of the Fire Department who was or is hired and who became or becomes a member of the Fire Department on or after May l, 1977.
(E) To the extent that the Board of Trustees of the Firefighters’ Pension Fund may heretofore have paid since the effective date of I.C. 36-8-7-12, any benefits or payments from the Firefighters’ Pension Fund to any widow or child under the age of 18 years of any deceased member of the Fire Department in excess of the minimum amount provided by law from time to time, the Common Council hereby ratifies and approves retroactively all the excess payments so made.
(‘67 Code, § 33.10) (Ord. 31-1939, passed 8-1-39; Am. Ord. 24-1977, passed 12-13-77; Am. Ord. 32-1985, passed 11-12-85; Am. Ord. 10-1989, passed 2-14-89; Am. Ord. 6-1990, passed 2-13-90; Am. Ord. 15-1992, passed 5-12-92; Am. Ord. 16-1992, passed 5-12-92; Am. Ord. 22-2001, passed 7-24-01; Am. Ord. 19-2008, passed 8-12-08)